Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14962 of 2020 Arising Out of PS. Case No.-768 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== 1.

SAGAR KUMAR S/o Binod Ram Resident of Kazipur, Road No. 3, Jhoparpatti, P.S.- Kadamkuan, District- Patna 2.

Syed Qasim S/o Syed Ali Jafar @ Ali Zafar Resident of Rajendra Nagar Road No. 6, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Special Case No. 171 of 2019 (arising out of Kadamkuan P.S. Case No. 768 of 2019) registered for the offence under sections 20 and 22 of the NDPS Act.

As per allegation in the FIR, on being searched by the police personnel, six gram of smack was recovered from possession of petitioner no. 1 and seven gram from possession of petitioner no. 2.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.14962 of 2020(3) dt.05-06-2020 2/2 that the allegations of recovery as alleged in the FIR are false and concocted. Nothing has been recovered from the possession of the petitioners. They are in custody since 01.07.2019 and their case stands on similar footing to that of co-accused Bittu Kumar and Sunny Kumar, who have been enlarged on bail vide order dated 03.03.2020 passed in Cr. Misc. No. 10213 of 2020 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to the co-accused, the court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Special Case No. 171 of 2019 (arising out of Kadamkuan P.S. Case No. 768 of 2019) on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Patna.

(Partha Sarthy, J) sushma/- U T